SECTION 5: COMPLETION and DISCHARGE FROM SNAP E&T

SNAP E&T completion and discharge dates are recorded by SNAP E&T Providers and reported to the Department for purposes of reimbursement, benefit status determination, and for performance measurement.

I. COMPLETION

A Participant has completed participation in SNAP E&T when:

A. the Participant obtains suitable full-time employment (at least 30 hours per week or when weekly earnings exceed the Federal minimum wage multiplied by 30) and no further services are planned.

B. the Participant completes the component or indicates that SNAP E&T services are no longer needed;

C. pursuant to 7 C.F.R. § 271.2, the SNAP E&T Participant has not received any SNAP E&T services for at least 90 days and no future services are planned.

II. DISCHARGE

SNAP E&T Providers cannot be reimbursed for services provided to Participants who lose SNAP eligibility during a training program, and may discharge them from SNAP E&T when they lose their SNAP eligibility. SNAP E&T Providers may continue to serve Participants enrolled in a Job Retention Component who lose financial eligibility, since federal guidelines in 7 C.F.R. § 273.7(e)(2) allow continued reimbursement for Participants enrolled in a Job Retention Component, meeting the Department’s time limits for Job Retention. The SNAP E&T Provider must discharge the Participant when:

A. the Provider cannot contact the Participant for two consecutive months; or

B. the Participant does not or cannot complete any planned SNAP E&T activities for two consecutive months; or

C. Provider Determination is made that the Participant is no longer an appropriate fit for the SNAP E&T Program (See Section 7); or

D. the Participant requests to withdraw or be discharged from the SNAP E&T Program.

Participants who have been discharged may re-enroll should they become able to participate again, be determined as a good fit by the SNAP E&T Provider, and are approved by the Department.

SECTION 6: SNAP E&T SERVICES FOR ABAWDS

ABAWDs are subject to all requirements outlined in Section 111-7 of the Supplemental Nutrition Assistance (SNAP) Rules, 10-144 C.M.R. Chapter 301.

ABAWDs may meet some or all of their work requirements by participating in a qualifying component of a SNAP E&T program delivered by a SNAP E&T Provider. Not all SNAP E&T services can be counted towards fully meeting ABAWD work requirements. To fully meet ABAWD work requirements through SNAP E&T participation, an ABAWD must be participating in SNAP E&T programming that includes a federally defined qualifying Work Component with participation of at least 20 hours per week or be enrolled in an approved Educational Component at least half time, as defined by the education institution. Non-work Component activities including Job Search, Job Search Training, and Job Retention may only count actual hours of participation up to 9.75 hours per week towards ABAWD work requirements, with qualifying SNAP E&T Work Components or paid employment making up the remainder of the 20 hours per week ABAWD work requirement.

SECTION 7: PROVIDER DETERMINATION

I. PROVIDER DETERMINATION

A. Participants who do not adhere to SNAP E&T Provider performance requirements may be discharged from SNAP E&T services by the Provider and/or discharged from SNAP E&T by the Department. Requirements are part of the IEP. Participants may request conciliation or administrative hearings, as detailed in Section 11.

(1) SNAP E&T providers are required to determine if an individual is ill-suited for a particular SNAP E&T component. This process is called Provider Determination. The SNAP E&T provider shall notify the Department of a Provider Determination within 10 days of the date the determination is made and inform the Department of the reason for the Provider Determination.

(2) If a SNAP E&T provider finds an individual is ill-suited for one component, but the SNAP E&T provider determines the individual may be suitable for another component offered by the SNAP E&T provider, at Department option, the SNAP E&T provider may switch the individual to the other component and inform the Department of the new component without the need for the Department to act further on the Provider Determination.

II. DEPARTMENT RESPONSIBILITIES

Pursuant to 7 C.F.R. § 273.7(c)(18), when the Department receives notification that an individual has received a Provider Determination, the Department shall:

A. Notify the SNAP E&T Participant, within 10 days of receiving notification from the SNAP E&T provider, of the Provider Determination including the following information, as applicable.

The Department shall explain—

what a Provider Determination is,

the next steps the Department will take as a result of the Provider Determination, and

c. contact information for the Department.

(2) The Department shall also notify the individual that they are not being sanctioned as a result of the Provider Determination.

(3) In the case of an ABAWD who has received a Provider Determination, the Department shall also notify the ABAWD that the ABAWD will accrue countable months toward their three-month participation time limit the next full benefit month after the month during which the Department notifies the ABAWD of the Provider Determination, unless—

a. the ABAWD fulfills the work requirements in accordance with 7 C.F.R. § 273.24, or

b. the ABAWD has good cause, lives in a waived area, or is otherwise exempt.

(4) The Department may make such notification either verbally or in writing, but shall, at a minimum, document when the notification occurs in the Participant's case file;

and

B. Take the most suitable action from among the following options no later than the date of the individual's recertification. If an individual with a Provider Determination requests that the Department take one of the following actions sooner than the next recertification, the Department shall take the most suitable action as soon as possible:

(1) Refer the individual to an appropriate SNAP E&T program component if available;

(2) Refer the individual to an appropriate workforce partnership if available;

(3) Reassess the physical and mental fitness of the individual for exemption from work requirements; or

(4) Coordinate, to the maximum extent practicable, with other Federal, State, or local workforce or assistance programs to identify work opportunities or assistance for the individual.

SECTION 8: PARTICIPANT REIMBURSEMENT SERVICES

A Participant may be eligible for reimbursement of training and job-related expenses called Participant Reimbursements, pursuant to 7 C.F.R. § 273.7(d)(4) that are determined necessary for SNAP E&T participation, incurred directly as a result of SNAP E&T participation, and identified in the IEP. Reimbursement may include mileage reimbursement, books, education fees, occupational clothing and equipment, dependent care and other needs preapproved by the Department as being legitimate costs of participation and included in the IEP. Any Participant Reimbursement for which SNAP E&T will make payment must be the least expensive quality alternative available that will not cause delay or hinder progress of the IEP.

SNAP E&T Providers may acquire necessary items or reimburse Participants for these expenses and are required to inform Participants of Participant Reimbursement services that may be reimbursable. All Participant Reimbursements exceeding $25 must be approved by the Department prior to purchase or delivery, and the approved costs can only be reimbursed directly to the SNAP E&T Provider or Participant.

Because Participant Reimbursements must be issued prior to some SNAP E&T activities, to remove barriers to participation (such as access to transportation), the Provider may issue gift cards, such as gas cards, when necessary and no other method is viable for this purpose. When gift cards are issued to meet Participant Reimbursement requirements, the Provider must have policy and procedures in place that meet the DHHS Gift Card Checklist that is attached to their contract and have those policies and procedures approved and signed by the Provider and DHHS. Providers must follow their approved policies and procedures which includes abiding by all prior authorizations and Participant Reimbursement caps in their contract in issuing gift cards for the purpose of Participant Reimbursements.

A SNAP E&T Participant becomes eligible for Participant Reimbursements on the date of active enrollment in an approved SNAP E&T component, and for each month that the Participant remains actively enrolled in the SNAP program and a SNAP E&T component.

Participant Reimbursements are subject to both federal and state approval and Provider funding availability and are issued at the Provider’s financial risk should the Participant Reimbursement not be allowable. All Participant Reimbursements must be directly linked to the IEP and identified in the IEP and progress notes.

I. SUPPORT SERVICE LIMITS:

The following limits or caps apply to all SNAP E&T Participants and are subject to Department pre-approval which must be obtained by the SNAP E&T Provider and is subject to allowability of federal and Provider funding:

Support Service Item | Maximum Amount Reimbursed Per Participant per federal fiscal year (October 1-September 30). Tuition | $ 10,000 for full-time students and $ 5,000 for part-time students , limited to certificate or undergraduate degrees. All other financial aid, grants, and scholarships must be exhausted. When SNAP E&T is the primary payor, Prior Authorization is required using the Department approved form at: https://www.maine.gov/dhhs/ofi/programs-services/food-supplement/fset/information-for-providers . The Provider must demonstrate that the institution of choice is the most economic and efficient selection for the course(s) or program the Participant wants to enroll in and that the program leads to a career that is high wage and in demand, as determined by the Maine Department of Labor website listed at: https://www.myworksourcemaine.gov/pages/competitive-skills-scholarship-program-cssp Participant Reimbursement Caps Transportation | Mileage, bus passes, taxi fares , or gas cards. Transportation reimbursement is limited to $ 140 per week , unless otherwise approved by the Department. Mileage is reimbursed consistent with current State of Maine mileage rate for actual mileage or calculation of gas card denominations. The State of Maine rate is found on the Department of Administrative and Financial Services Office of the State Controller at https://www.maine.gov/osc/travel/mileage-other-info The State of Maine rate is the amount to be used if the standard mileage allowance is claimed. Automobile repairs are limited to $1, 500 per federal fiscal year (FFY) and subject to additional requirements under Section II below. The most economic mode of transportation must be utilized. Eye care (not otherwise covered) | $ 300 Dental Care (not otherwise covered) | $500 Books and Supplies including laptops (as approved for specific Educational Component programming) | $2,000 Tools and equipment, work clothing and footwear | $1,000 per FFY year Other Supports | Other supports are reimbursed only when approved by the Department and are directly related to the IEP and necessary to continue SNAP E&T programming. Internet or hotspots are limited to $50 per month, and are only covered if not already counted as a Standard Utility Allowance budget expense for SNAP benefit calculations. For internet services reimbursement, a bill showing service address must be provided. One-time emergency rental assistance can only be reimbursed for currently enrolled SNAP E&T Participants who otherwise will be unhoused, and when it is the only option to continue SNAP E&T programming without disruption. Rent is limited to two months’ rent or one month rent plus one month security deposit, not to exceed Fair Market Rent set by HUD and published by Maine State Housing Authority at: https://www.mainehousing.org/charts/rent-income-charts .

Participant Reimbursements and tuition cannot be reimbursed for Participants who are receiving TANF cash benefits.

The Participants must sign a Contractor Reimbursement Form distributed by the SNAP E&T Provider acknowledging receipt of Participant Reimbursements in order to be reimbursed.

II. ALLOWABLE TRANSPORTATION RELATED EXPENSES

If a private vehicle is used by the Participant, reimbursement is made by the SNAP E&T Provider at the current rate per mile paid by the SNAP E&T program for the most direct route (including stops at a childcare provider) to and from the SNAP E&T service component site. A private vehicle must be properly registered and insured, and the driver must be legally licensed in order to receive reimbursement.

In areas where available and more economical, SNAP E&T Providers may purchase a gas card, bus pass or arrange payment for other public transportation on behalf of the SNAP E&T Participant in lieu of reimbursing for mileage. When gas cards are used, the denomination must be calculated according to mileage incurred by the Participant for approved SNAP E&T activities.

Vehicle repairs are subject to the limits above and are limited to vehicles that are registered and insured to the SNAP E&T Participant or legal spouse, who must have a valid driver’s license. Repairs can only be reimbursed for vehicles that will pass State safety inspection upon completion of the repair and will result in safe and reliable transportation to be used for the Participant’s training or employment. SNAP E&T Providers must submit a completed Department approved Vehicle Repair Form and obtain prior approval from the Department in order to reimburse vehicle repairs on behalf of SNAP E&T Participants. Vehicle repairs must be completed by an automobile repair shop authorized to conduct State safety inspections. The Department may require quotes from other automobile repair shops prior to approving a repair.

All transportation reimbursement is subject to the limits in the table above.

III. DEPENDENT CARE REIMBURSEMENT

A Participant who has dependents who require care during the hours the Participant is actively engaged in a component activity is eligible for the actual costs or the current limits established by the Maine Child Care Affordability Program, whichever is less, per dependent per month to cover dependent care costs. These rates are found at: https://www.maine.gov/dhhs/ocfs/support-for-families/child-care/paying-for-child-care. If the dependent is a child under age 13, and the childcare is not provided by a licensed or registered facility, the childcare arrangement must be approved prior to payment by the SNAP E&T Provider. SNAP E&T Providers must conduct a check of the childcare provider for present or prior child protective services involvement, checks with the State Bureau of Identification and Department of Motor Vehicles, and other approval procedures (such as a home visit) as may be deemed necessary on a case-by-case basis before reimbursing childcare providers. A childcare provider who is caring for more than two children who are unrelated to the childcare provider must be licensed or registered prior to being paid by the SNAP E&T Provider.

SECTION 9: PARTICIPANT RIGHTS AND RESPONSIBILITIES

Participants have certain rights and responsibilities in relation to the SNAP E&T program. Rights include being made aware of what services the SNAP E&T program offers, Good Cause, the availability of conciliation and administrative hearings, and disqualifications that may be applied for failure to comply with SNAP E&T rules or federal work registration requirements in 7 C.F.R. § 273.7. Responsibilities include following the rules of the program with regard to participation, keeping appointments and abiding by provisions of the IEP.

Participants are advised orally and in writing of their rights and responsibilities by the SNAP E&T Provider at the time of enrollment.

SECTION 10: DISQUALIFICATIONS

DISQUALIFICATION OF VOLUNTARY PARTICIPANTS

Voluntary participants may be disqualified from SNAP E&T in accordance with this section, but do not lose other SNAP benefits. SNAP E&T services are denied for the disqualification period when a voluntary participant is disqualified.

II. GOOD CAUSE

Disqualifying acts are excused if Good Cause exists. Good Cause reasons include those listed below:

Illness or incapacitation of the participant or a family member, which requires the presence of the participant. Verification by a physician may be required.

Sexual harassment occurring while a participant is engaged in SNAP E&T activities.

Court required appearance or incarceration.

Lack, or breakdown, of necessary support services such as childcare or transportation with no alternative available at no additional cost to the participant.

Inclement weather which is serious enough to prevent other participants from traveling to the activity.

Assignment of a participant to an activity which has not been made part of the IEP (other than orientation or assessment which predate development), or which is in violation of SNAP E&T rules.

Assignment to an activity, which requires the participant to relocate outside the immediate geographical area (an area within a one hour one way commute), unless the participant has voluntarily elected to relocate.

Inability to participate due to domestic violence. When the person is unable to participate due to physical injuries or psychological effects of abuse; because of legal proceedings counseling or other activities related to abuse; because the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for other Good Cause related to domestic violence.

Other circumstances beyond the control of the participant or that a reasonable person would consider to be Good Cause. It is the responsibility of the participant to demonstrate that Good Cause exists and to provide documentation or other proof of Good Cause when requested. Failure to do so to the satisfaction of the Department results in disqualification.

SECTION 11: CONCILIATION AND ADMINISTRATIVE HEARINGS

CONCILIATION

Conciliation meetings are informal meetings which are designed to resolve program related disputes between SNAP E&T Providers and the participant, without going to administrative hearing.

The following conditions apply to conciliation:

The SNAP E&T Provider shall attempt to establish conciliation prior to issuing a notice of non-compliance in instances where it is reasonable to believe that issues may be resolved. A SNAP E&T request for conciliation is made in writing within the ten calendar days of the date of an adverse action or an action, which is known to be in dispute. The participant may also initiate conciliation in instances where an action by the SNAP E&T Provider is disputed, although non-compliance may or may not be at issue. The participant must make the request orally or in writing within ten calendar days of the date the disputed action was received or acknowledged by the participant. If the participant's request is timely, the disputed action will not take effect pending completion of conciliation. Non-disputed actions must still take effect.

The conciliation process must not exceed 30 calendar days from the first meeting. If agreement has not been reached at the end of this period, the disputed decision remains in force unless overturned by administrative hearing.

The participant or the SNAP E&T Provider may terminate conciliation at any time the parties believe it is unproductive. If any party terminates conciliation, the action remains in force unless overturned by administrative hearing.

The participant may request an administrative hearing in addition to or instead of conciliation, providing the request is in accordance with time limits set forth for administrative hearings. If a timely request for conciliation is made, an administrative hearing request may be made within 90 days of the conciliation decision.

Any changes resulting from conciliation will be placed on the IEP. If there is no change, original actions remain in force unless overturned by administrative hearing.

The participant may have the same representation and access to records as allowed for administrative hearings.

ADMINISTRATIVE HEARINGS

A. RIGHT TO A HEARING

The participant has the right to request an administrative hearing, in accordance with 7 C.F.R § 273.15, to appeal a denial, reduction, or termination of benefits due to a determination of nonexempt status, or a Department determination of failure to comply with SNAP work

requirements. Participants may appeal Department actions such as exemption status, the type of requirement imposed, or Department refusal to make a finding of Good Cause if the Participant believes that a finding of failure to comply has resulted from improper decisions on these matters.

Any request for an administrative hearing must be made within ninety days of the date of the action or Department determination. The Department may waive time limits. Requests for hearings may be made orally or through emails. Hearing decisions are binding and when appropriate, will be made part of the IEP.

A participant may not be granted an administrative hearing if a reduction in services or benefits is a result of an overall reduction in program funding which affects all participants, unless the participant can demonstrate that there has been inequitable treatment in comparison to other similarly situated participants.

B. RULES GOVERNING HEARINGS

Administrative hearings are conducted by the Department's Division of Administrative Hearings in accordance with the Administrative Hearings Manual, and in accordance with the Supplemental Nutrition Assistance Program (SNAP) Rules, 10-144 C.M.R. Ch. 301, Section 777-1.

SECTION 12: CONFIDENTIALITY

The confidentiality of SNAP E&T participants is protected by the Maine Department of Health and Human Services, and provisions outlining confidentiality are at: https://www.maine.gov/dhhs/privacy/ and Supplemental Nutrition Assistance Program (SNAP) Rules, 10-144 C.M.R. Chapter 301, Section I. SNAP E&T Providers are contractually required to protect the confidentiality of SNAP E&T participants.

Release of information about a SNAP E&T participant (including to other Offices and Divisions within the Department of Health and Human Services and to SNAP E&T Providers under contract with the Department to provide services to SNAP E&T participants, or other agencies providing services) are made only when such release is directly related to that individual's participation in SNAP E&T and necessary to determine eligibility for benefits or services provided by the Department or other agencies.

Release of information to entities other than those described above are made only upon receipt of written permission from the participant using the Department’s Authorization to Release Form available at: https://www.maine.gov/dhhs/privacy/authorization-release.pdf.

STATUTORY AUTHORITY:

22 M.R.S. §§ 42(1) and 3104; 7 C.F.R. § 273.7

EFFECTIVE DATE:

October 7, 1991

AMENDED:

August 15, 1992 - Section 18

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 5, 1996

AMENDED:

June 30, 1997 - Section 18 (D, E, H)

REPEALED AND REPLACED:

August 1, 2001

AMENDED:

March 1, 2007 – filing 2007-178

CORRECTED:

December 14, 2011 – agency names and program titles corrected

AMENDED:

April 1, 2015 – filing 2015-042 – various amendments, chapter renamed to “Food Supplement – Employment and Training (FSET) Program Rules”

REPEALED AND REPLACED:

October 1, 2020 – filing 2020-200

AMENDED:

May 1, 2021 – filing 2021-086 – Sections 1, 4, and 8 - Bachelor’s programs and co-enrollment approved, OJT supported

AMENDED:

August 6, 2023 – filing 2023-093 – References to “Food Supplement” updated to “SNAP”, Clarification added to Job Retention, Participant Reimbursements, SNAP Recipients, Participant Eligibility, Work Components, and Enrollment

AMENDED:

May 14, 2024 – filing 2024-118 – Mileage Reimbursement and Gift Card Policy Update

AMENDED:

July 01, 2025 – filing 2025-138 - Provider Determination

AMENDED:

July 8, 2025 (by APA Office, to include text that was proposed but inadvertently omitted during the process of preparing the rule for adoption).

ACCESSIBILITY CHECK: July 8, 2025

AMENDED:

August 30, 2026 – filing 2026-191